HomeMy WebLinkAboutResolution No. 6563RESOLUTION NO. 656-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA FINDING AND DETERMINING THAT A
FORMER CITY EMPLOYEE, MICHAEL RUSSO, IS NOT
INCAPACITATED FOR THE PERFORMANCE OF DUTIES
AND SHOULD NOT BE RETIRED FOR DISABILITY
(SECTION 21025, GOVERNMENT CODE).
WHEREAS, the City of Azusa is a contracting agency
of the Public Employees Retirement System;
WHEREAS, the Public Employees Retirement law requires
that a contracting agency determine whether an employee of
such agency in employment in which he is classified as a
local safety member is disabled for purposes of the Public
Employees Retirement law and whether such disability is
"industrial" within the meaning of such law;
WHEREAS, Michael Russo was an employee of the City
Of Azusa in the position of police officer until November 9,
1976, at which time he was discharged;
WHEREAS, an application for disability retirement
was filed by Michael Russo on November 14, 1976, and was filed
with the Public Employees Retirement System;
WHEREAS; the City Council of the City of Azusa
adopted Resolution Number 6485 on December 20, 1976, finding
and determining that Michael Russo was not incapacitated within
the meaning of the Public Employees Retirement Law for perfor-
mance of duties in the police department;
WHEREAS, Michael Russo,.through his counsel on March 9,
1977, requested a hearing before the City Council in relation
to Mr. Russo's application for disability retirement;
WHEREAS, after further consideration by the City
Council it was determined that Mr. Russo would be given a new
hearing on the issue of his eligibility for disability retire-
ment which hearing was scheduled for Monday, July 18, 1977,
at 7:30 p.m. in the City Council chambers and due notice thereof
was given to counsel for Mr. Russo; and
WHEREAS, on Monday, July 18, 1977, after 7:30 p.m.
the City Council conducted a hearing on the issue of the
application for disability retirement by Michael Russo at
which time Michael Russo was sworn as a witness, he and his
counsel presented-testimony,submitted documents in evidence and
the finance director of the City also testified and other
documents were received in evidence including the following:
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All medical reports in personnel file of Mr.
Russo; all medical reports submitted by counsel
for the applicant at the time of the hearing;
Workers Compensation Findings and Award dated May 6,
1975; letter dated August 10, 1976, from State Comp.
Fund to R. L. Kautz; letter dated August 20,
1976, from R. L. Kautz to Finance Officer; return
to work order dated September 11, 1973; return to
work order dated March 14, 1975; return to work
order dated August 5, 1974; Personnel Board Findings
and Decision dated November 12, 1976; Resolution
No. 6485 Azusa City Council dated December 20,
1976; letter dated December 13, 1976, Finance
Director to Public Employees Retirement System;
job summary for desk officer; job summary for
police officer; memorandum of July 21, 1976, from
City Administrator to Personnel Board; letter dated
April 28, 1975, from Mr. Russo to Sally Gottlieb;
listing by applicant of days off work due to injuries
for 1975, and 1976; payroll records for 1974,
1975 and 1976 relating to applicant Mr. Russo;
memorandum dated October 26, 1975, Los Angeles
County Sheriffs Department; memorandum dated
October 29, 1975, Mr. Russo to Lt. Molloy; memor-
andum dated October 30, 1975, from Sgt. Coffin to
Lt. Malloy; memorandum dated December 4, 1975,
from Lt. Molley,to Chief Elkins; memorandum dated
July 13, 1977, from Lt. Roth to Capt. Lara; copy
of applicant's hunting guide application dated
March 25, 1976; California State Resources Agency
Department of Fish and Game listing of licensed
hunting and fishing guides dated April 1, 1977;
letter dated June 7, 1977, from City Attorney to
counsel for the applicant; letter dated July 12,
1977, from counsel for the applicant to the
City Council and City Clerk; all personnel records
of the applicant including the personnel files
of the police department, finance department and,
personnel department.
NOW, THEREFORE, the City Council of the City of
Azusa, California hereby resolves and orders as follows:
SECTION 1. That after receipt and consideration of
the evidence presented to the City Council at its hearing
conducted on said application, the City Council makes the
following findings:
1. Michael Russo was employed by the City of
Azusa as a police officer commencing June 14, 1971. On
December 18, 1972, Michael Russo was injured in an automobile
accident in a police car in the course of his employment as a
police officer and was temporarily disabled from the performance
of his duties as a police officer. On or about June 16, 1973,
Michael Russo returned to work as a police officer and was
assigned the duty as a desk officer. The duties of that
assignment as desk officer consisted of meeting the public,
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RESOLUTION NO. 6563
taking reports, answering inquiries, relieving the dispatcher
as required, assisting the dispatcher at busy times and during
emergencies, receiving incoming telephone and radio calls and
dispatching units as necessary, booking incoming prisoners with
the assistance of arresting officers, taking fingerprints,
photographing, releasing all prisoners, making jail checks,
attending to the necessities of prisoners, supervising
trustees in the carrying out of their assignments, handling
citizen complaints inside the station, stocking paper supplies,
and work of a similar nature. Until Michael Russo was suspended
by reason of a disciplinary action by the City on or about
September 8, 1976, he was performing the duties of desk
officer within the police department.
2. On August 8, 1976, an incident occurred while
Michael Russo was performing his duties as desk officer in the
police department which led to his temporary suspension,
permanent suspension, and ultimate discharge on November 9,
1976, as a result of disciplinary proceedings. The Personnel
Board after conducting extensive hearings on the disciplinary
charges lodged against Michael Russo found that on August 8,
1976, Mr. Russo failed to carry out his duties as a desk
officer by failing to make required jail inspections, that
Mr. Russo made a false statement to his supervisors which
caused false information to be placed into Official Investi-
gation Reports and that Mr. Russo altered an official record
being the police department desk log in an attempt to cover
a false log entry. Thereafter on November 14, 1976 Michael
Russo applied for disability retirement.
3. During the course of the performance of his
duties as desk officer Michael Russo until August 8, 1976,
adequately performed his duties as desk officer and was not
injured in any way in connection with the performance of those
duties. During the period May to October of 1975, and February
to May of 1976, Michael Russo worked as a desk officer and put
in periods of extensive overtime. During two week periods in
1975 and 1976, Michael Russo had overtime amounts of 20 hours,
25 hours, 30 hours, 40 hours, 45 hours, and 50 hours.
4. On March 25, 1976, Mr. Russo applied for a
hunting guide license from the California Department of Fish
and Game. Said license was issued on March 30, 1976. Mr.
Russo commenced a business as a hunting guide offering his
services for leading camera trips at $40 per day or rifle hunts
for deer at $65 per day in the Angeles National Forest. The
first hunting party for which Mr. Russo's services as guide
were performed occurred approximately September 24, 1976,
after Mr. Russo's disciplinary suspension. During the 1976
deer hunting season, Mr. Russo guided approximately twelve
different parties on hunting expeditions. In October 1975,
Mr. Russo went on a deer hunting trip with a friend at which
time he assisted in carrying the deer to a vehicle. The deer
hunting guide activities of Mr. Russo involves walking or
hiking along dirt roads. Mr. Russo's hunting guide license was
renewed in 1977 and he is currently listed as one of the approved
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hunting guides in The Department of Fish and Game publication
which was issued on April 1, 1977.
Accordingly, Mr. Russo was physically able to serve
as a deer hunting guide as of September 1976, November 1976,
April 1977, and as of the date of the hearing on his
application for disability retirement.
SECTION 2. Based upon the foregoing findings of fact,
it is the determination of the City Council of Azusa that
Michael Russo is not incapacitated within the meaning of the
Public Employees Retirement law for the performance of duties
to which he was assigend in the police department as of the
date of his disciplinary suspension September 8, 1976, and as
of the date of his discharge November 9, 1976. It is further
the determination of the City Council of the City of Azusa
that Michael Russo is not eligible for disability retirement
under the Public Employees Retirement Law.
SECTION 3. The City Clerk shall certify to the
adoption of this Resolution and shall cause a certified copy
thereof to be transmitted to the Public Employees Retirement
System and to counsel for Michael Russo.
Adopted and Approved this 15th day of August , 1977.
OR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
I, ADOLPH SOLIS, City Clerk, of the Citof Azusa, do
hereby certify that the foregoing Resolution No. 563 was
regularly adopted at a regular meeting of the City Council on
the 15th day of August 1977, by the following vote, to
wit:
AYES: Councilmen: Decker, Fry, Cruz, Arkison, Solem
NOES: Councilmen: None
ABSENT: Councilmen: None
Deputy O 7ity Clerk
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